NEW ORLEANS, LA—JEFFREY MCELVEEN, age 41, resident of Franklinton, Louisiana and owner of POSITIVE HOME OXYGEN and, DR. ROBERT CLEVELAND, age 62, resident of Greenburg, Louisiana, pled guilty in federal court yesterday before U.S. District Judge Ivan L.R. Lemelle to charges involving federal health care fraud, announced U. S. Attorney Jim Letten. The corporation, POSITIVE HOME OXYGEN, L.L.C., also pled guilty to a felony count.

According to court documents, POSITIVE HOME OXYGEN, located in Franklinton, is a durable medical equipment provider owned by MCELVEEN. DR. ROBERT CLEVELAND, a physician who had offices in Franklinton, certified that certain Medicare patients qualified for power wheelchairs in exchange for MCELVEEN and POSITIVE HOME OXYGEN, referring patients to DR. CLEVELAND’S practice.

CLEVELAND and MCELVEEN each face up to ten (10) years in prison, fines of up to $250,000.00 and three (3) years of supervised release following any term of imprisonment. POSITIVE HOME OXYGEN, L.L.C. faces a possible fine of up to $500,000.

The case was investigated by the U.S. Department of Health and Human Services, Office of Inspector General and the Federal Bureau of Investigation and is being prosecuted by Assistant U.S. Attorney Patrice Harris Sullivan.